Kerala High Court
Jolly Kv vs State Of Kerala on 11 July, 2025
2025:KER:51429
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
WP(C) NO. 13585 OF 2021
PETITIONER:
JOLLY KV.,
AGED 68 YEARS
S/O. VARKEY, RESIDING AT KANJIRAKKATT HOUSE, KOTHAMANGALAM
P.. ERNAKULAM DISTRICT 686 691.
BY ADVS.
SHRI.VIVEK VARGHESE P.J.
SRI.VARUGHESE M EASO
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF AGRICULTURE
DEPARTMENT AND FARMER'S WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 BANK OF INDIA,
KURUPPAMPADY BRANCH, DR.K.C. MATHEW MEMORIAL BUILDING, ALUVA
MUNNAR ROAD SH 16, KURUPPAMAPDY, KERALA 683 545.
3 THE DEPUTY TAHSILDAR,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT 686 691.
BY ADVS.
GOVERNMENT PLEADER
SRI.K.M.ANEESH
SRI.K.SANTHOSH KUMAR (KALIYANAM)
SRI.ADARSH KUMAR
SRI.BIJU VARGHESE ABRAHAM
SRI.DILEEP CHANDRAN
SRI.SHASHANK DEVAN
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 13585 of 2021 -2-
2025:KER:51429
JUDGMENT
Dated this the 11th day of July, 2025 Petitioner has approached this Court for issuance of an order quashing Exts.P1 and P3. Petitioner has also sought for a direction to the 2nd respondent to provide a complete statement of accounts of the petitioner for A/c No.857377710000073. Petitioner has further sought for a direction to the 3rd respondent to hear the petitioner and consider Ext.P4 objection before further proceedings are initiated.
2. Petitioner was granted loan to the tune of Rs.3,74,000/- in the year 2013 for constructing a 'polyhouse' farming system under the technical guidance of the Agricultural Department and Horticulture Mission. As per the scheme 75% is the subsidy amount to be given by the Government and the remaining is to be repaid by the agriculturalist. Therefore, it is the contention of the petitioner that as per the scheme Rs.2,80,500/- is the contribution by the Government towards subsidy and the remaining amount due by the petitioner is Rs.94,500/- which is to be paid in instalments. While so, Ext.P1 communication was issued stating that the loan to the tune of Rs.3,74,000/- has been declared as NPA due to default and demanded to repay the loan. Immediately petitioner approached the Bank and he was intimated that the balance amount outstanding as WP(C) No. 13585 of 2021 -3- 2025:KER:51429 on date is Rs.1,04,000/-. While so, Ext.P2 letter was issued by the petitioner to the 2nd respondent requesting clarification on the demand of Rs.1,04,000/- and requested to issue an account statement. But the 2nd respondent has not issued any statement to the petitioner. While so, petitioner received Ext.P3 revenue recovery demand notice demanding an amount of Rs.1,14,397/- with interest at 10.65% from 31.10.2019, to which, the petitioner submitted Ext.P4 objection before the 3rd respondent Deputy Tahsildar.
3. A detailed counter affidavit has been filed by the 2 nd respondent Bank that the default is on the part of the petitioner in repaying the amount and admitted that the amount of Rs.2,80,500/- was received as subsidy from the Government, and that receipt of the said subsidy is reflected in Ext.R2(a) statement of account of the petitioner's loan. It is further stated that as on 16.06.2025 the amount due from the petitioner is Rs.3,52,692.79/-.
4. A reply affidavit was filed by the petitioner, wherein Ext.P8 communication issued by the Assistant Director, Agriculture addressed the respondent Bank intimating that an amount of Rs.2,80,500/- is forwarded to the Bank by way of cheque towards subsidy amount for constructing 'polyhouse'. The contention raised by the petitioner is that the Bank has received the subsidy amount on 13.12.2013 but the same is seen credited only on 27.02.2019, WP(C) No. 13585 of 2021 -4- 2025:KER:51429 and the interest has accrued on the whole loan amount due to the default on the part of the Bank.
5. Thereupon, an additional affidavit dated 07.07.2025 was filed denying the contention of the petitioner that interest has been charged on the entire 3.74 lakhs from the year 2013 to 2019 inspite of receipt of subsidy amount. It is further stated that no interest has been charged for the said amount received as subsidy, and the interest has been charged only on the remaining amount of loan from the date on which the subsidy amount was received, and the subsidy amount was kept separately and has been credited to the loan account on 27.02.2019. A further affidavit is filed on 08.07.2025, wherein it is stated that in the earlier affidavit filed the total outstanding as on 16.06.2025 was wrongly stated as Rs.3,52,692.79/- and the actual amount due from the petitioner as on 08.07.2025 is only Rs.1,80,558/- and same is only a bonafide mistake. So in the affidavit filed by the Bank on 07.07.2025 it is specifically stated that the interest amount has been claimed only for the amount less the subsidy amount paid by the Government. Petitioner would submit that the amount claimed as per the statement is not correct and a proper statement of accounts reflected the actual amount due may furnished to the petitioner. WP(C) No. 13585 of 2021 -5-
2025:KER:51429 Therefore, I am of the view that the above writ petition could be disposed of with the following directions:-
The respondent Bank shall intimate the petitioner regarding the actual amount due as on date along with the statement of account.
If the petitioner is aggrieved by the amount shown in the reply given by the Bank as directed above, it is for the petitioner to work out the remedy in appropriate proceedings.
Sd/-
VIJU ABRAHAM JUDGE sbk/-WP(C) No. 13585 of 2021 -6-
2025:KER:51429 APPENDIX OF WP(C) 13585/2021 RESPONDENT EXHIBITS Exhibit R2(a) True copy of the account statement of the petitioner loan account PETITIONER EXHIBITS Exhibit P7 The letter dt. 07-10-13 issued by the 2nd respondent bank to the 1st respondent Exhibit P6 The true copy of agreement dt. 12-03-13 Exhibit P8 The true copy of letter No. K(2)80/13 dt.
13-12-13 issued by the 1st respondent to
the 2nd respondent
Exhibit P1 TRUE COPY OF THE DEMAND LETTER
DT.06/11/2020 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF POSTAL RECEIPT DT. 29/4/21 OF
EXT. P4
Exhibit P2 TRUE COPY OF THE LETTER DT. 05/12/2019 BY
THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE REVENUE RECOVERY DEMAND
NOTICE DT. 13/04/2021 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P4 TRUE COPY OF THE OBJECTION DT. 29/4/21 BY
THE PETITIONER SENT TO THE 3RD RESPONDENT.